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20100901
20100930
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with the 9th u.s. circuit court of appeals in san francisco but it appears only the prison can actually -- if the 9th circuit u.s. court doesn't grant -- [ inaudible ] >> reporter: -- only then. the condemned man is albert green woofed brown. he was sentenced to death in 1982 for the rape and murder of a 15-year-old riverside, california, girl. this morning attorneys speaking for brown will ask a marin superior court to stay the execution. they say changes to the lethal injection protocol are minor and that the judge that allowed it to go forward doesn't respond correctly or allow public commentment yesterday he missed a deadline to choose between a one drug execution and a three drug execution. >> the judge's ruling today really gives albert brown a hobson's choice, which is no choice at all. judge fogel is saying albert brown must either give up his rights under the federal constitution or his rights under state law. it is completely unfair. >> the 9th circuit court of appeal will look at several of the issues including the judge's ruling itself. the judge, who said there are several
this morning about what happened last night. family members tell us that 57- year-old dennis wayne dixon was shot in the doorway of his apartment, that is the apartment with the light on the porch and his stepson was tied up and beaten. take a look at this. paramedics rushed him to the hospital. we are told the stepson lived here with him and may soon be released from the hospital later this morning. the details which led up to the shooting are not complete yet. initially police confirmed this was a home invasion but the victims and suspects may have known each other. his mother was told her son pulled up to the apartment and exchanged words with the suspects which is when they tried to force themselves into the apartment. that is when dennis dixon was shot in the doorway. we are even hearing the stepson wasn't the only one in the apartment at the time of the shooting. her mother told us her son was a vendor of sorts and had a booth where he sold clothes and dvds out of. she said she could barely understand the bad news. >> she was crying on the phone but i could not understand nothing b
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